The Senior Facilities Agreement is the primary documentation for senior secured lending transactions in Germany, typically used for corporate financing, acquisitions, or refinancing purposes. It provides a comprehensive framework for multiple credit facilities, including term loans and revolving credit facilities, while incorporating specific German law requirements for security interests, banking regulations, and insolvency provisions. The document addresses various aspects including facility terms, conditions precedent, representations, covenants, events of default, and administrative provisions. It is designed to comply with German banking laws and regulatory requirements while following international financing practices, particularly in areas of security creation and enforcement. The agreement is crucial for establishing the relationship between borrowers and lenders and ensuring proper risk allocation in significant financing transactions.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Your data doesn't train Genie's AI
You keep IP ownership of your docs
Alternatively...
1. Parties: Identification of the borrower(s), lender(s), agent(s), and security trustee
2. Background: Context of the financing and basic transaction structure
3. Definitions and Interpretation: Comprehensive definitions section and rules of interpretation
4. The Facilities: Details of each facility, commitments, and purpose
5. Conditions of Utilisation: Conditions precedent and utilisation mechanics
6. Utilisation: Process and requirements for drawing down the facilities
7. Repayment: Repayment terms, schedules, and prepayment provisions
8. Prepayment and Cancellation: Voluntary and mandatory prepayment events and mechanics
9. Interest: Interest calculation, periods, and payment provisions
10. Fees: Commitment fees, arrangement fees, and other fee provisions
11. Tax Gross-Up and Indemnities: Tax provisions and related indemnities
12. Increased Costs: Provisions for dealing with changes affecting lenders' costs
13. Representations: Borrower representations and warranties
14. Information Undertakings: Financial and other information delivery requirements
15. Financial Covenants: Financial maintenance covenants and related definitions
16. General Undertakings: Positive and negative covenants
17. Events of Default: Default triggers and consequences
18. Changes to the Parties: Transfer and assignment provisions
19. The Agent and the Lenders: Role and responsibilities of the facility agent
20. Payment Mechanics: Payment provisions, calculations, and set-off rights
21. Set-Off: Rights of set-off and related provisions
22. Notices: Communication methods and requirements
23. Calculations and Certificates: Basis for calculations and evidence
24. Partial Invalidity: Severability provisions
25. Remedies and Waivers: Rights and waivers provisions
26. Amendments and Waivers: Process for modifications to the agreement
27. Governing Law: German law as governing law
28. Enforcement: Jurisdiction and enforcement provisions
1. Accordion Facility: Optional section for including additional facility increase options
2. Security Trust Provisions: Required if security is held through a security trustee structure
3. Parallel Debt: Required under German law if using certain security trust structures
4. Bank Accounts: Required if there is a specific account structure or cash dominion requirements
5. Hedge Counterparties: Required if hedging is part of the facility structure
6. Additional Guarantee Limitations: Required if there are multiple guarantors in different jurisdictions
7. Sustainability-Linked Provisions: Optional section for including ESG-linked pricing mechanisms
1. Schedule 1 - The Original Parties: List of original lenders, commitments, and other original parties
2. Schedule 2 - Conditions Precedent: Required documentation and conditions for closing and utilisation
3. Schedule 3 - Utilisation Request: Form of utilisation request
4. Schedule 4 - Form of Transfer Certificate: Template for transfers between lenders
5. Schedule 5 - Form of Assignment Agreement: Template for assignments between lenders
6. Schedule 6 - Form of Compliance Certificate: Template for periodic compliance certification
7. Schedule 7 - Timetables: Timing requirements for various actions under the facility
8. Schedule 8 - Forms of Notifiable Debt Purchase Transaction Notice: Templates for debt purchase notifications
9. Schedule 9 - Form of Accession Deed: Template for new parties joining the agreement
10. Schedule 10 - Security Trust Provisions: Detailed security trust mechanics if applicable
11. Schedule 11 - Form of Increase Confirmation: Template for documenting facility increases
12. Schedule 12 - Form of Extension Request: Template for requesting facility extensions
Authors
Find the document you need
Standby Letter Of Credit Agreement
A German law-governed agreement establishing terms for issuing and maintaining a standby letter of credit, detailing parties' obligations and drawing conditions.
Download
Credit Agreement Contract
A German law-governed agreement establishing terms for credit provision between a lender and borrower, compliant with German banking regulations and EU directives.
Download
Revolving Line Of Credit Agreement
A German law-governed agreement establishing a revolving credit facility that enables flexible borrowing and repayment within a specified credit limit.
Download
Employee Credit Card Agreement
A German law-governed agreement establishing terms for corporate credit card issuance and usage between employer and employee, including usage rights, responsibilities, and compliance requirements.
Download
Debt Forgiveness Agreement
A German law-governed agreement documenting the release of debt obligations by a creditor, including terms, conditions, and tax implications under German jurisdiction.
Download
Money Lending Contract
A German law-governed agreement establishing terms and conditions for lending arrangements between lender and borrower, compliant with BGB requirements.
Download
Credit Facilities Agreement
German law-governed agreement setting out terms for provision of credit facilities between lender(s) and borrower(s), including facility terms, security, and regulatory compliance.
Download
Senior Facilities Agreement
A German law-governed financing agreement establishing terms and conditions for senior secured credit facilities, including loan mechanics, security arrangements, and compliance requirements.
Download
Revolving Credit Agreement
A German law governed credit facility agreement enabling flexible borrowing with multiple draw and repayment options within a specified limit.
Download
Genie’s Security Promise
Genie is the safest place to draft. Here’s how we prioritise your privacy and security.
Your data is private:
We do not train on your data; Genie’s AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it
